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U.S. v. CORTEZ-RIVERA

No. 05-50207.

454 F.3d 1038 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Enrique CORTEZ-RIVERA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 24, 2006.

Attorney(s) appearing for the Case

Ellis M. Johnston III and Steven F. Hubachek, Assistant Federal Public Defenders, San Diego, CA, for the defendant-appellant.

Michael J. Crowley, Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee.

Before: REINHARDT, TROTT, and WARDLAW, Circuit Judges.

TROTT, Circuit Judge:

Enrique Cortez-Rivera appeals from his conviction following a conditional guilty plea for importation of marijuana in violation of 21 U.S.C. §§ 952 and 960. He asserts that the district court should have dismissed his indictment because the model instructions given to the grand jurors unconstitutionally invaded the province of the grand jury. He asserts also that the district court erred in denying his motion to suppress the marijuana...

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